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Vonsworld

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  1. Hello Please could someone clarifiy how the CSA calculates NRP payments on savings and property? It's been several years since I researched this topic, but my understanding in the past was as follows: They can only assess savings over £65,000, so if you had £100000 in savings they would be interested in the last £35K. They then assume you are earning a fabulous 8% income from this investment! Therefore the income figure would be 8% of £35,000 which is £2800, and the payment would be the usual 12% of this amount, as it is with your other income. So the payment would be £336 per year. Is this an accurate interpretation of their rules please? It's a bit confusing because on other forums some people seem to think that if you have savings over £65K then the CSA would assess the whole amount, so that would be the full £100K in the above example. I don't see how this could be true because there would be no incentive not to just spend any savings above £65. Thanks for your feedback
  2. I believe the buyer accepts the recorder was received in apparently undamaged condition. It was perfectly working when it left us, so I can only assume that some internal damage has occurred in transit. The machine was very well packed, but if it was dropped hard enough, then anything could happen. I have worked with many customers who have bought similar items. This guy is different from any other, in that he has ignored all our offers of help, including an offer to pay for necessary repairs to be done in Italy. He has gone straight to the Paypal claims process without engaging with us first. Therefore I can't help but feel suspicious! If the recorder eventually arrives back with parts missing. Or if he sends back his old machine back instead, this is clearly theft. How can I stop Paypal refunding his full payment, just because their tracking says I have received a box from him (regardless of what it contains?) Thanks
  3. The recorder was shipped using DPD with full insurance and tracking and arrived safely with no apparent damage. However if it was dropped heavily it could have been damaged internally, thus causing a fault, I simply don't know as yet. I don't trust this buyer, because although I've offered him every help and assistance to sort the problem, he has ignored me and gone straight to the Paypal claim process. If the recorder comes back damaged, or with important parts missing or replaced, what is my next course of action, especially to stop Paypal making a refund in the interim. I'm prepared for any action, Police, European Small Claims Court etc...
  4. Hello On Ebay I recently sold an expensive £600 video recorder to a bidder in Italy who paid using Paypal. The recorder was in full working order when shipped from the UK, but after receiving the item, the buyer now claims the recorder is faulty. The buyer has now started a claims process with Paypal to obtain a refund, and whilst the claim is being considered, Paypal has frozen funds in my account to cover the refund should it be granted. I have offered to refund the full payment once the buyer has returned to recorder to me, in complete and undamaged condition. I think this offer is quite fair? However having read elsewhere about Paypal claims, it is possible that they will issue a refund without the buyer having to first return the item. In other words the buyer could end up with a refund and then not bother to return the recorder (which possibly, dare I suggest, may not be faulty at all!). If this worst case scenario happens, who should I sue in the county court? Perhaps a small claim against Paypal, or one of the new European Small Claims against the buyer in Italy? Thanks for your advice..
  5. Hello, Since I live in London, I may have to present my Bankruptcy Petition at the Royal Courts of Justice in The Strand. This sounds rather daunting, does anyone have any experience with Bankruptcy in the above courts? and how do they compare with regular County Courts? Thanks
  6. Hello, I've been unable to work for some time due to health problems and over time my debts went up to £70k, mostly on credit cards. I CCA'd all the banks, and one of them defaulted on my request. Then after several letters they admitted that they couldn't find my original agreement, and so the debt was unenforceable. As a result they have written off £20k. Now what should I do next... Option 1 I do have the option of going Bankrupt, since I have few assets and own no property. Also since I'm currently unable to work, the Receiver could not setup an IPA. Unfortunately, in the case of Bankruptcy, my remaining creditors would probably receive nothing. Option 2 However I am considering making my creditors an offer to repay 25% of the outstanding £50k over 10 years. In my offer I would stipulate that no further charges or interest should be added to the debts, and that the repayments are fixed ie. they cannot be reviewed or varied at a future date. Please advise, is there anything else I should include in the offer letter? The creditors might well accept this offer, since I can point out the alternative of Bankruptcy, which would result in little or no repayments at all. Please could you give me some advice... should I just go Bankrupt, or use my strong bargaining position to setup a low repayment deal? With my repayment offer of 25% I would end up repaying £12500 over 10 years with no further interest or charges applied. That from an original debt of £70k. Wouldn't this mean that I've done rather well... or should I just go Bankrupt? Thanks in advance John
  7. I have now received the following correspondence from the Halifax: With reference to my original post, surely if the account number is different, then this is a new account and should require a new credit agreement? Please could someone advise on what I should do next? Many Thanks
  8. Hello I opened an account with The Halifax in 2002 for a Platinum Visa Card. Then in 2004, when I requested a credit limit increase, the man on the phone advised me to switch to a new type of card, the Halifax One Visa, since it had a 6 month interest free period. So my old platinum card was cut up and I soon received the Halifax One Visa, which was a new account and card number. The outstanding balance from the old card was transferred to the new account. On my credit record the old account shows up as fully paid and satisfied, and on the Halifax website it is listed as transferred. Ok I recently sent a cca request to Halifax, but the only signed agreement they have been able to produce, was that for the original Platinum card back in 2002. I don't recall signing a new agreement when I swapped cards... Please advise me, can Halifax transfer my account to a different type of card without me having to sign a new agreement? and if not, is the new account unenforceable? Many thanks
  9. My friends at MBNA have managed to produce a signed copy of my cca so it appears the debt is enforceable. However at the same time they have offered to right off 60% of the debt outstanding. This sounds like a good offer, does anyone agree? I've seen the adverts for IVA's which claim they can write off up to 75% of debt, but how much of a realistic figure is that? Does anyone know the average percentage figure that gets written off in an IVA? I've also read somewhere that if a bank sells your debt to a debt collector they only get 10% back? I'm trying to figure out what percentage repayment I should offer MBNA and my other creditors, so any suggestions and guidelines would be much appreciated. I'm in a strong position (not financially!) in that I do not own property or have many other assets, so if the going gets too tough bankruptcy is a real option. Best wishes all John
  10. Hi VV, Iv'e recently received a copy of my credit card agreement from Egg and it appears identical to your own. Earlier the Financial Agreement Solutions and their online agreement checker was mentioned. This doesn't cover credit cards, but in their FAQ's, they invite you to e-mail your credit card agreement to them and they'll manually check it's enforeability (for a fee). Has anyone else tried this route yet? Regards John
  11. Thanks for your responses, fingers crossed they don't have the original agreement! Although they have now sent me a copy of their terms and conditions, which they argue satisfies my CCA S78 (1) request, by the time these were received they were well over the 12+30 day limit and so had committed offence. Can they now take me to court whenever they wish, or given their offence under the act, would they first need to seek the courts permission before instigating proceedings? (I seem to remember reading this somewhere, but am not sure) Have a good weekend everyone, I'll keep you posted on events
  12. Thanks for your advice on my previous post, much appreciated. CitiFinancial, who are in default, have now replied to my CCA request with the following letter as detailed below. I’m sure someone will have received this type of response before and so please could you advise me on a suitable reply. The text of their letter may be correct, but am I not right in thinking that in Court they would have to produce a full copy of the original signed agreement, with signature, without which the agreement would be unenforceable. It may be ok to send me a copy of the terms and conditions at the moment, but those documents would not be acceptable in court? NatWest in response to the same CCA request, responded by admitting they could not find the necessary documentation to satisfy my request, and had therefore decided to discharge the debt and regarded the credit agreement as ended. Based on that response I feel sure that CitiFinancial are just trying to confuse the issue? Look forward to hearing your opinions Best wishes John
  13. Hello, A few weeks ago I sent out 6 CCA letters to my credit card companies, and not one of them has (yet) responded by producing a true copy of the original agreement under CCA 1974. They are now all over the 12+30 day limit and have therefore committed a criminal offence under the act. I sent them this reminder letter... This seems to have thrown the cat amoungst the pigeons! NatWest wrote back and said they could not at this time produce the necessary paperwork, and therefore had decided to discharge the debt and regarded the credit agreement as ended. Newman DCA (acting for Amex) from whom I have received many (often threating letters) in the past, wrote to say they do not wish to deal with me any more and have returned my file to Amex! 3 out of the 6 creditors have remained silent, and there is still no sign of any CCA copy agreements. Please advise me if there is anything else I should be doing right now to strengthen my case further? I have only sent them a CCA letter, is there any point in following that up with a Subject Access Request Letter, or should I save that for when/if they decide to take me to court? Perhaps I should send another reminder in a week or so? Your advice would be much appreciated, Best wishes John
  14. Natwest have been chasing me for a Credit Card debt and so I sent them a CCA letter and my payment of £1. In just under a month (the CCA time limit) they sent the following reply: "As we are, at this time, unable to retrieve from our records sufficient information to enable us to satisfy your request under s78 (1) of the CCA, we are treating the outstanding balance of the account as discharged and the credit agreement as ended" Does this really mean they have just written off my 11k debt? Best wishes John
  15. I've read a lot of information on how to handle my debt situation, but still have a few questions unanswered, please could someone advise me on the following... * If a CCJ is made against me, and a monthy repayment figure set, do the repayments continue until the debt is fully repayed? Or is any outstanding amount set aside after 6 years? * If I receive a Court Summons (claim form) and I then file for my own bankruptcy before the court hearing within 14 days, are the court proceeding then cancelled? * If I file for my own Bankruptcy after the Court hearing, when a CCJ has been made and a monthly repayment figure set, will the CCJ and repayments then be set aside and cancelled? Many thanks for your advice, John
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